Allahabad HC's BIG Remark: Marriage Between Two Hindus Cannot Be Dissolved Within A Year, Until...

(MENAFN- Live Mint) The Allahabad High Court has recently reiterated that marriages between Hindus are sacrosanct , or too important or valuable to be interfered with. The Allahabad HC also ruled that the Hindu marriage cannot be dissolved within the first year unless exceptional circumstances are proven.

A double-judge bench, comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh, pointed out that Section 14 of the Hindu Marriage Act, 1955, imposes a one-year limitation on filing for divorce petitions. However, this period can be waived in cases where there is evidence of exceptional hardship or exceptional depravity.

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This ruling arose from a case involving Nishant Bharadwaj and Rishika Gautam, who sought mutual dissolution of their marriage under Section 13-B of the Act.

Their request was denied by the principal judge of the Family Court in Saharanpur due to the statutory waiting period not having elapsed. In its judgment dated January 15, the High Court dismissed Bharadwaj's appeal against the Family Court's order, allowing the couple to file a fresh application only after completing the one-year period.

The Allahabad High Court noted that apart from general claims of mutual incompatibility, no exceptional circumstances were presented to justify an early divorce application. It stated that the application showed“no exceptional hardship or exceptional depravity” to invoke jurisdiction under Section 14's proviso.

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The court further explained that“the provision contained under Section 14 of the Act has a laudable object to subserve,” emphasising that Hindu marriage dissolution should only occur for legally permissible reasons.

Current Divorce Conditions Under the Hindu Marriage Act

Under the Hindu Marriage Act , a divorce petition cannot be filed within one year from the date of marriage, except in cases demonstrating exceptional hardship or depravity.

The law aims to encourage couples to reflect on their relationships before seeking dissolution and ensures that marriages are treated as sacred bonds rather than contracts that can be easily dissolved.

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